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CHAMBER SUMMONS

Mrs. Vimal Laxman SadanshiveVsMr. Sandu Laxman Dhaneshwar +2 more

CNR MHCC01008875201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 17th August 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
101569/2019
Registration Date
27 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-09-2019
    Business: Court is busy in dictating Judgment in suit no.947/13 and hearing and dictating order on Chamber Summons no.9761/82, hence case is adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 13-11-2019
    Business: Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Advocate Noman Jafri for Plaintiff present
    None present for Defendant.
    Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 28/02/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 22-01-2020
    Business: Advocate Noman Jafri for Plaintiff present
    None present for Defendant.
    Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 28/02/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Advocate Mr. Noman Jafri for Plaintiff present and filed registered Chamber Summons no.1569/2019 with affidavit in support, t.o.r.
    None present for Defendant.
    Plaintiff is directed to serve copy of Chamber Summons upon Defendant no.3 who has already appeared in the suit.
    Case is adjourned to 10/06/2020 for Chamber Summons reply by Defendant no.3.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-08-2020
    
    Date: 10-06-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-09-2020
    
    Date: 05-08-2020
    Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for Ch/s. hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Advocate Mr. Emamuddin Azmi h/f Adv. Akram Khan for plaintiff present and filed vakalatnama of behalf of Plaintiff with no objection of previous advocate, t.o.r.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 10/03/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Plaintiff present in person with her advocate Mr.Akram Khan and mentioned the matter in the morning session.
    Advocate for the plaintiff filed application to direct deft Nos.2 and  3 to hand over possession of suit property forthwith to the plaintiff, to allow the plaintiff to withdraw Ch/s  1569/2019, to pass ex-parte order against deft No.1 due to withdrawal of said Ch/s and to provide compensation to the plaintiff due to huge losses of rent and corpos. Heard ld. Advocate for the plaintiff Ch/s No.1569/2019 is taken out for bringing HLRs of deceased deft No.1 on record. Deft No.3 has already filed reply to the said Ch/s. Since deft No.1 has expired, the prayer made in this application to pass ex-parte order against said deceased deft No.1 cannot be accepted. Likewise, the prayers made in this application to issue direction to deft Nos.2 and 3 to hand over possession of suit property to plaintiff forthwith also cannot be accepted because the contentions raised in the application that plaintiff is actual owner and deceased defendant No.1 has no rights in the suit property is the matter for consideration on merits of the suit. With direction that plaintiff has liberty to withdraw the Ch/s unconditionally, this application stands rejected.
    Matter is kept back in the afternoon for hearing on ch/s.
    L.O. at 3.20 p.m.
    Plaintiff present in person with her advocate Mr.Akram Khan.
    He submitted that plff wants to continue with ch/s filed for taking the HLRs of deceased deft No.1 on record.
    Plff is directed to file affidavit of service of Ch/s on the proposed legal heirs of deceased deft No.1.
    Adjd. for filing affidavit of service to 08.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Adv Mr.Akram Khan for plff. present.
    None present for deft.
    Affidavit of service on proposed legal heirs or deft No.1 is already field on previous date. Perusal of the schedule annexed to the Ch/s shows that plff wants to join two daughters as deft No. 1(D) of deceased deft No.1 as legal heirs. Unknown persons cannot be joined as legal heirs. It is the responsibility of the plff. to find out the names and addresses of the legal heirs. Adv. for the plff. seeks time to take steps in that regard.
    Matter is adjd. for taking steps to 10.06.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: None present for both parties.
    Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
    Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-06-2021
    
    Date: 10-06-2021
    Business: None present for both parties.
    Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
    Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: Adv. Arjun Chaudhari i/b. Imamuddin Azmi for plaintiff present.
    None present for defendant and proposed legal heirs.
    Considering the present Pandemic Condition and the SOP issued by the Hon’ble High Court, matter adjourned at same stage to 17.08.2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv Mr. Nachiket Bhone for plff present and by taking instructions, he endorsed on ch/s No.1569/19 that permission be granted to withdraw this Ch/s with liberty to take out fresh ch/s. It is informed that plff learned about names of two more daughters of deceased deft. In view of it, permission to withdraw ch/s No.1569/2019 is granted with liberty to file fresh ch/s. Thus Ch/s No.1569/2019 is disposed off as above.
    None present for deft.
    Matter is adjd. for steps to 04.10.2021.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 17-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109468/2019
    Filing Date: 27-08-2019
    First Hearing Date: 23rd September 2019
    Decision Date: 17th August 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Aug 2021
    Order Details: Other
    Pdf Text: 17/08/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
    23
    SU 85/16
    Adv Mr. Nachiket Bhone for plff present and by taking
    instructions, he endorsed on ch/s No.1569/19 that permission be
    granted to withdraw this Ch/s with liberty to take out fresh ch/s.
    It is informed that plff learned about names of two more
    daughters of deceased deft. In view of it, permission to withdraw
    ch/s No.1569/2019 is granted with liberty to file fresh ch/s. Thus
    Ch/s No.1569/2019 is disposed off as above.
    None present for deft.
    Matter is adjd. for steps to 04.10.2021.
    Judge
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